Work Continues on the 6 Unit Condominium, 128R North Street, Although the Easement Dispute Has Not Been Resolved.  Josh Wojick, is the Developer.

Earlier this month a Justice of the Superior Court signed an Order extending the deadline for discovery until December 27, 2021 in the case of Steven and Ann Kremer vs. Upright Properties, LLC.  This Order extends the deadlne for discovery from October 27, 2021 until next month – a request made by the plaintiffs’ new attorney Jason J. Theobald, Curtis Thaxter, LLC, Portland.

The reason for the request for an extension of the deadline was that the Kremer’s original attorney, Thomas B. Federlee, Esq., a real estate attorney, filed the lawsuit on behalf of the plaintiffs late last year.  Since that time he has withdrawn from the case. Theobald said that he needed the extra time to get up to speed on the lawsuit. Federlee previously was the real estate development attorney for hedge fund owner Donald Sussman, former husband of Congresswoman Chellie Pingree (D).

The lawsuit involves a 6 unit condo under construction that occupies space on which a rental property was formerly located on North Street on Munjoy Hill.  The rental building was torn down to make room for this new condominium.  At issue is an easement to which the developer  Josh Wojcik claims a right to.  However, the property owners at 128 F dispute his claim.  The address of the building under construction is 128R North Street.  The R designates the rear location of the building under construction because it is behind 128F North Street.  Wojick’s under construction condominium has no street frontage and no vehicular access to 128R.  He does have foot traffic access.

The developer once told this blogger that his attorney had advised him that because he was on the right side of the law, it was prudent for him to continue to construct this new North Street condominium.

According to the Request for an Extension until December 27, 2021 by the plaintiffs’ new attorneys. Jason J. Theobald and Richard P. Olson, the parties are engaged in settlement discussions.  Meanwhile, labor on the condominium has moved forward despite the failure to resolve vehicular access.

Would you want to purchase an expensive condominium with only foot traffic access to it?

Please visit post herein dated August 19, 2021 for more background information on the subject.